>> i think he will win. i really do. >> he says he is. that does it for outnumbered. we'll see you tomorrow. happening now starts in six seconds. have a good one. we start off with a fox news alert in the investigation in benghazi. the house set to take action. we have new reaction from speaker boehner on nancy pelosi's demands. and verbal firing up for president's nominee for the new secretary of health and human services. parents facing unspokable grief. global effort to free hundreds school girl. >> and house of representative will vote on forming a select

committee to investigate benghazi and raising the stakes in the political show down. >> and democrats calling the investigation a political witch hunt. republicans are in control of the house and so 20 months after the deadly attack on our consulate, the search for answers might be gang ground. the main focus of the investigation. did the obama administration mislead the country on the nature of the attack for political reasons. kress wallace is the anchor of fox news sunday. kress, we know the form of this committee is coming together. seven republicans and five democrats. will five democrats show up? >> it is a good question. we don't have the answer to the question. back on fox nows on sunday, adam ship, the member of the house enteleigence committee indicated he was concerned about it being

a political circus and he thought that the democrats would boycot. this is the arguments that nancy pelosi the house democratic leader will have to confront. on one hand, if they boycott they can say it is a respect circus and try to discredit it that way. the problem for the democrats, and republicans investigate and you get a hillary clinton or top official in the obama administration or called to testify, do you want a democrat there to perhaps argue a different line or pursue a different line of questioning? or some how confront the republicans on the committee? it is a tough decision on how to proceed. >> trey gowdy said there are

many unanswered questions. and here are some of them. why was security for our facility in libya inadequate and repeated calls for security unheeded and rejected? was our military response in the siege sufficient. and was the obama administration transparent and forth right with the fellow americans in describing the impetus behind the attack. it would seem they are questions worthy of answering. >> it boils down to three issues. what happened before and there had been talk of pulling out of benghazi. and our allies, the british pulled out after their attack and what happened in the attack, could the u.s. have done more and finally what happened

afterwards as gowdy points out. was there a deliberate effort to mislead the public. john boehner was reluctant to call the committee and it is because of the fact that there is not solid answers to the questions. and may simply be the bureaucracy and that is you know on all three areas. and then questions that comes, is it worth having a select national hearings. and if they don't get hard answers to the reasonable questions, some people would say are the democrats or republicans more concerned with pursuing this issue than getting jobs for americans or making college more affordable. it is a high reward and high risk for republicans to pursue

the committee and so long to do it. >> speaker of the house. top republican did talk about that in the weekly news conference. i had a conversation and we want to work together to get to the truth. and frankly. we heard the global warming we set up. the split between republicans and democrats. there are risk for republicans in seen in overplaying their hand. >> that's right. let's assume it goes forward and august or september and holding national televised hearing the

you can imagine that they are more interested in political witch hunt than in stopping the problems for the american people. in terms of what john boehner said. he is right. it is an even split. it was 9 to 6. thank you, chris. >> you don't even look like him. and we'll be talking to trey gowdy and the head of the democrat caucus.

and are they going to a point democrats. it is to the entente of running and in contemporary and refusing to answer questions about the agency targeting political groups. here is a final house vote on. that >> the house of representative lois lerner former director and in contempt of congress for a refusal to comply with the subpoena on government reform. >> ya ys are 231 andnays 137. >> there is a question of what comes next. u.s. attorneys are taking up the case for possible prosecution. john. >> house veterans affairs and law makers signing a subpeona

for information in phoenix which is accused of keeping a secret wait list. and law makers are calling for a va secretary to step down over the scandal and he said he can't go anywhere. and it is every one of the incidents and allegations seriously. and we are going to go investigate. most serious of these was in phoenix. it makes me angry. when we have allegations like this, i didn't come here, to watch things happen this way. i came here to make things better. we have done that. >> there are allegations of abuse in some va facility including colorado where clerks forged records to hide the long wait time.

>> and president obama's nomination for health and human services answering questions. the director was tapped to replace kathleen sebelius who resigned after the roll out of the obama care. >> and any serious conflict with the nomination? >> not really. she was confirmed by the senate to the budget post 96- nothing. but law makers have had issue with cathlone sebelius, the outgoing secretary feeling she was not forth coming with trouble with the obama care website and that led to this question: >> will you be willing to be clear and honest to the american people about the implement aegz of obama care regardless of what the administration's policy is. >> if i am confirmed two pieces of principle with information is

transparency and accuracy. >> a huge issue on capitol hill. all of the changes to the obama care law without congressional input and that led to this exchange. >> last august, senate majority leader harry reid was asked if his goal was to move the affordable care act to a single payer system. his answer was yes, yes, absolutely yes. similar statements were made by nancy pelosi. and the president of the united states. do you agree with that statement, there is a difference between administering a law and pushing an agenda. is it your game to see the affordable care act is expanded. >> i will implement the law and that is a market based system. >> barring a ga ffe or

revelation she should be nominated through. >> we are getting latest jobless figures now. the number of americans foiling for jobless benefits falling. and going to a seasonally'd justed 315,000. and the latest data offering new hope for the economy after sluggish data and due to factors like all of the bad winter weather. >> the most powerful person in the financial world. janet yellen on the hot society. and yellen is mostly upbeat, she has expressed concern over the employment and the housing recovery is a big issue. and yellen saying that congress needs to act to address the debt crisis and a few topics she mngzed and the dow is trading higher and in the broader markets as well. >> the u.s. joining several of

our allies and trying to rescue 300 school girls and it is now escanalating a violent campaign and trying to impose a islamic state in nijerria. >> here's more from molly. >> reporter: hi, john. 50 bodies were recovered so far after the radical group attacked a crowded marketplace. it happen in the state of bor no, nigerria. the leader said allah told him to sell the abducted girls. britain and france and u.s. is trying to find them. there are questions of why it was not desigated as a terrorist

organization until last november. >> there is a range of decisions and i can't tell you the internal decision making. and a group of senators introduced the bill in 2013 and requiring then secretary of state hillary clinton was not. >> and hillary clinton did critize the leaders there. >> the government of nigeria needs to get serious about protecting girls and women and boys and men. and insuring that every child has the right and opportunity to go to school in security and safety. >> and that is a fundmental responsibility of any government. and nigerrians should hold their leaders accountable for.

it >> boka opposes all western influence. >> molly thank you. >> and new developments as we await the boston marathon bombing trial. lawyers for the suspects argue that the police went too far when they questioned him and apparently according to them violated his rights inside of the hospital. and this as they attempt to engage in a terrorist trade crash. >> and they will help us sort through it all. >> and we reporting on a controversial montana case. a homeowner shot and killed a teen that snuck in his garage. was it self defense or homicide or a prank that went to far. we want to hear from you on the story. our teens are prone to bad behavior. and social media play a role in all of this?

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>> fox news alert. mew mex rattled by a 6.8 magnitude. it is 65 miles from a lca pull co. it was felt as far as mexico city and shaking buildings and sending people out in the streets. there is no word of damage or caulties yet. we'll bring the information to you on happening now. >> and lawyers for the boston bomber. the attorneys say the statements should not be admitted in court. he was severely injured and he requested a lawyer and police questioned him without reading

his miranda rights. they are arguing whether he is be in total lock down and no visitors from his family. we have tom and rebecca here with us. tom, the question is the public safety exception which the lawyers are pointing to the prosecution saying we have the right to talk to him without his attorney present because we were worried about further danger to society. does it hold water? i don't think it does. the conditions on the public safety exception have to do is imminent danger and officer safety or public at large. obviously the boston bombing was a threat. but remember, the defendant was arrested four days later. at that point, that exigency

disa pated. >> i don't agree in this case. he was arrested after a very long battle to find him and battle where his brother ended up dead after shooting at police officers and he was found in a boat bleeding. i don't think he had or law enforcement had a true understanding at the point whether or not they had planted other bombs or a further process or idea to hurt people that could be imminent. >> rebecca, how big of a deal is this to the case? say they throw out the note that was in the hospital bed? >> it hampers the prosecution a bit, but the reality is the facts around the case are so demonstrative of the guilt of the young man, i prefer his confession be in. but it is fine. the prosecution can do more than enough.

>> the attorneys want the death penalty off of the case. they are pointing to the case of the botched execution of an inmate. they say that is the reason that this young man shouldn't have it. what do you think about that argument? >> i don't think it is a ripe argument at this stage. if there is a conviction and if it the death penalty will be imposed. there will be appeals all the way up to the supreme court as to whether the death penalty is a cruel or unusual punishment. that argument is made consistently in death penalty. i don't think they will be successful taking it off of the table. >> there is a lot of emotion as well. you both will be back with us. we have an interesting case coming up. the case of a german exchange student shot to death by

a montana homeowner in his garage. was it self defense? did the homeowner set a trap to lure this young man? we'll talk about it after the commercial break. you, my friend are a master of diversification. who would have thought three cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*?

>> well, the confirmation hearing from the next health and human secretary takes place today. sylvia burrwel, it looks like she will be confirmed. joining us to talk about it a b stoodard and jonna goldberg editor for a national review on

line and fox news contributor. democrats would like to talk about anything but obama care, but the hearings mean it is it front and center in their conversation? >> right, but it is temporary. syliva burrwelwill be confirmed. and she was not involved in the botched roll out of obama care. she has a good reputation with both parties and the majority of democrats coming together with republicans to confirm her. and if she continues to oversea a program that will improve, she will have ownership of that in months to come. it is just a few days worth of the early problems she was not connected to and this is not a vote if you confirm her, it is not a vote in favor of obama care, but trusting her to

improve it. >> best comment came from senator mccain. why would you want this job? you are taking over the captain of the titanic. >> the phrase is innocent until proven incompetent. she is supposed to be a impressive lady. but it is a terriible. job. i agree with a b. it is not a central war in the point on obama care or huge event. i think republicans in the senate were wise to reject calls in the house to put's hold on her nomination and a lot of the talk in washington and numbers and all that is less and less relevant of how obama care plays

out in people's lives. and that is pushing obama care's poll numbers down and that is relevant in the 2014 election. it doesn't matter what signed up and the percentage and age of the population that sign up for obama care and it doesn't matter how many people paid for the premiums but it affects the individual policy holder and that's what jona h is talking about. we'll learn about the new prices for 2015 before people go to the polls. insurance excutives told house and energy and commerce committee. they don't so a urgent need to raise prices. there is way too much uncertainty and number of invincibles and who paid for what. they are still doing paper work

to collect the subsidy from the government and under obama care. does it get better before the prices are set? that is the only question consumers and voters will have on their minds and it remains to be seen before november. >> it is it a big issue down the rod. a b stoodard and jonah gold berg. >> thanks. >> a 17 year old gunned down in a garage in a home. the prosecutors said the homeowner set out to kill the teen because of a harmless prank. canned cheer óqoqúúñ@

>> a 17-year-old exchange student from germany's killing is sparking a debate. this is the funeral in germany now. he was fatally shot in the garage of a home last month. the homeowner is now charged with deliberate homicide. the prosecutor say the suspect may have set a trap to lure would- be burglariers. we'll have interesting questions

here. garage hopping, tom. that's what the teens were doing in the mitted of the night. we didn't know what garage hopping. and you sneak inside and steal beer out of the fridge or other items and that's what they were doing. did the homeowner have a right in this case. >> there was a legal and moral right and it is unreasonable for him not to. the father lives in the house with his wife and ten month old child. there is a 17-year-old and male intruder purgularizing the home. and he had to be a strapping athlete playing on two soccer teams and he is defending his castle. not only montana but any state. >> the defense has an issue. there was a surveillance system set up and the home was

burglarized before and there were reports of comments that the homeowner made suggesting that he was on the look out. >> there is a big issue. was it intentional and pre-meditating on murder not this young man but of someone? what is he planning and did he set a trap? >> if the catalyst was previous break ins. >> this is where the doctrine may not fully apply. the garage door was open in an intention to lure the people in so say the prosecution in this case. >> thank you. >> and what it is, do you have an intention to protect your home why don't you close the garage. >> he keeps it open as ventilation for the home.

neighbors say that is not the case, he smokes marijuana in the house and that's why he keeps it open and that's why the tone ager is sneaking in the garage. >> so how about as the defense attorney i say, what difference does it make. he owns the house and pays the taxes and the mort gauge. he can leave the doors and let all energy escape. it doesn't give nobody the right to violate the property and break and enter into his home withap intent to commit a burglary. >> first of all, the victim passed away being shot to death. >> it is the case. >> what do you mean? he was indicted, the defendant who committed the homicide. or was it pre-meditated? that is the issue here. not that it is the first time it

happen and he had two or throw burglaries in this garage in the past week prior. but the statements he said, i am going to lure people in and see what happens to them. no 911 call. >> and that could be killed and shot. >> and he actually did it. >> he committed the killing. and whether or not it was a homicide is what we are going to see. four shots and ten seconds and no 911 call. >> aggressive behavior. >> it is a garage and could be separate from the home. it is reminiscent of a man who was in his basement and two teens came in and he gunned them down. different details with that case. but he was held guilty for murder. >> let me ask you about teens. right. at the heart of this and the

decision made by a teenager to make the decision to go in a garage. would it be different if it was a 25 or 45-year-old man? >> age doesn't matter. what was in the mind of the defendant and were his actions reasonable? when a 17-year-old grown man. that's all the defendant knows at that point. >> how do you know anything. >> that was the circumstances, he was confronting with. a unknown male inthorougheder in your house after midnight, you reside there with your wife or child or alone, you have a right to use reasonable force to defend your home. that's what the guy did. two tragedies, one man is dead. and the other tragedy is the

other indicted. >> we tonight know here yet. what he saw on the video surveillance and the defense. castle doctrine can apply if all of those things with the castle document apply here. >> we don't know here. >> and we'll continue the conversation with it and revisit it and get more of the details and the right questions you are asking. >> there are questions of teens being different. and rise of social media as well and contributing to a new mentality with the young people. in this case it was a 17-year-old, not a hardened professional crimeinal. >> and here is another case, neither are high school criminals. but dozen of high school students arrested after trashing

their high school on a senior prank. are we changing the way we are reacting to them. here is our doctor joining us now. rebecca say kids have no responsibility and respect and that's why in the case of the sfaep-year-old they are blaming the homeowner and not the teen. what do you think? is that happening here. >> jenna, thank you for having me on and a couple of things we talk about. i have said on this program more than once. there seems to be different with the youth culture. they are testing boundaries and doing dangerous things that can cause them harm or harm someone else. i am concerned that people think that it is okay to kill the kids in america because they do things they shouldn't do. i worked with youth half of my life.

part of being young, you make mistakes. and these should be teachable moments and we react and blow a kid away with a shotgun. are you kidding me? >> there is a question whether or not the homeowner knew it was a kid or an adult. the question goes back to the first point maybe about how teens have changed. are they worse than 20 or 40 years ago? or are we hearing about it more? >> it is different and relates to social media and one of the comments came from the published reports. one of the seniors said i didn't participate on what took place. i think social media encourages youth and young people to do things that are big and people are talking about a lot of cliche and said i did something

epic that will last for a while. we have to be careful about that and particularly telling young people you may want to do these kinds of things and realize that the consequences could be dire as in the case of montana where he was blown away and the adult high school students may face criminal charges. >> that could be on their record. this is not the way to handle it. police are saying this is a serious crime. and on the issue of accountability and an interesting comment on the the chat. taking god out of schools and you get kids with no moral compass. and that comes back to family values and the presence of god and talking about god with our and do all roads lead back to there? or is there something else going on. >> and i can only spoke

personally as a christian. if you are raised with the appropriate values and morals and your parents are setting boundaries and limits and discipline you appropriately. that is a dangerous world and we see it planned or marketed. but adults are not there, jenna. that's the problem. bunch of kids that are congregating on the social media and no adult oversight saying you have gone too far and it is a little bit too much. we have to figure out how to engage them in the social media spaces to create boundaries and limits and say don't go to far. this could be something that could last you for the rest of your life. a felony or in montana where you

are killed unfortunately. >> and meet them on your grounds. great to see you and we'll continue this conversation to be sure. thank you very much. >> new outbreaks of diseases that are eradicated. and the argument coming up.

coming up on the role story, a whopping 26 denies. they appointed a special council. and can the white house continue to call it a phony scandal. and would you like to get your mail and packages delivered on sunday. it could be coming to your town soon. and what is bacon hazing. it got one soritty kicked off a college cam pass. >> and a global health issue. warning in the outbreaks of

polio. and it was vieped out by a vaccine campaign. a global outbreak may not be enough to persuade the parents back to imnunicizing their children. doctor, first this this warning about polio. this is mainly overseas, but how concerned should we be about the disease making a comeback. >> we should vaccine on time. polio is coming back and the vaccination efforts are disrupted by war and other kinds of social disruptions. we have pockets of susceptibles and polio virus can spread and be exported in other countries. it hasn't happen here yet. but it reminds us that it is out

there lurking and we must protect your children. >> in this country we can make a choice not having the vaccine disrupted by far. a study came out focused on washington state. there was an outbreak of whopping cough. when there was a outbreak parents did not vaccinate our children. what does that tell us about where we are at as far as the vaccinations and keeping our kids and community safe? >> there are some parents that are dubious and confused and i keep saying, listen to the pedtrician and listen to your family doctors. they are there to help you day in and out and they will give you advice about vaccines. they will say vaccinate your child on time according to the schedule recommended by the

american academy of pediate ricks. it is the safe way and works and keep our children safe and protected as possible. >> drshgs thank you so much. >> pleasure. some new technology riving is prevent tragedies like this one? we'll get into that. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

what is this place? where are we? this is where we bring together reliably fast internet and the best in entertainment. we call it the x1 entertainment operating system. it looks like the future! we must have encountered a temporal vortex. further analytics are necessary. beam us up. ♪ that's my phone. hey. [ female announcer ] the x1 entertainment operating system. only from xfinity. tv and internet together like never before. distracted driving, the dangerous habit that injures or kills thousands of people every year. now researchers are coming up with a new way to try to tackle the problem and they hope save some lives. here with more on that, douglas kennedy. >> that's right. cell phone use is now a major focus of law enforcement. but police say they often can't

tell who in the car is using the phone. in 2011, evan lieberman died after he was in a car accident. >> your life is torn apart. >> his mother believes the driver was using a cell phone. and she has now become a leading advocate to stop distracted driving. surprisingly, one of the main obstacles you're facing is limitations in technology itself. >> yes. we have great technology. but the problem is that we don't have something coming in on the other end to curb the technology that we have. >> currently gps technology can tell if a phone is being used inside a car. the problem is, it can't tell whether the phone is being used by the passenger or whether it's being used by the driver. >> texting behind the wheel -- >> entering ying ying chin. >> we have developed a software to tell whether the phone call

is making a phone call or texting. >> chin is a professor at stevens institute of technology in hoboken, new jersey. she uses car speakers to tell where a cell phone is inside a vehicle. basically you use bluetooth on the phone to triangulate the phone's location? >> yes. the car speakers will play back the sound and then the phone's microphone will pick up the sound. and then it triangulates and determines whether it's on the driver's side or passenger side. >> she says her invention could eventually be used by law enforcement. to either stop a driver who is using his phone or as a record of a driver who did use his phone. it's something debby lieberman says will also prevent a lot of heartache. >> what we've been through, we don't want anyone to have to go through. it's a horrible experience. >> a horrible experience, jon, that soon can be avoided with

some simple new software. back to you. >> hope it works. douglas kennedy, thanks. >> thank you. a surprise guest taking the mound. need i say more? >> what in the world?

we showed you a peek of this earlier, the kind of thing you normally see at jurassic park, not the ballpark. a baby dinosaur making the mound at the padres/royals game in san diego. the t-rex throwing out the first pitch. i think it was a strike. managing to do a better job than most humans. the dinosaur, that's the padres' mascot there, the catcher. the dinosaur, known as baby "t," getting a little feisty there. he was in town to promote its upcoming "walking with dinosaurs" stage show.

>> still freaks me out to watch it ramble along the ballpark. can you imagine? >> very cool costume there. >> i could see you in one of those. couldn't you see jon -- maybe we could figure out how to do that? >> there was a time. thanks for joining us. >> "the real story" with gretchen carlson starts right now. we start with a fox news alert because the secretary of veterans affairs calling for an audit now of all of the nation's facilities amid allegations hundreds of soldiers were left to die while awaiting health care. hi, everyone. i'm gretchen carlson. welcome to "the real story" today. secretary eric shinseki facing calls to resign after whistle-blowers are claim v.a. workers were falsifying documents to make it appears that the sick veterans were receiving treatment when they weren't. the v.a. just releasing this statement saying in part, secretary shinseki has directed the veterans health administration to complete a nationwide access review. the purpose of this review is to ensure a full understanding